in a criminal case, can I change my guilty plea at my sentence date?

Question

not guilty is what i wanted tp plea, but my NY lawyer with a NJ address, and my co-defendant's public defender stated it was best to plead guilty becasue even if the judge suppressed our statements against each other that they can still, go after me for my statements. which is ok becasue my statements were made becasue my co defendant who is admitting lying. none of the statements are pertaining to the crime, which was a vehicle being stolen and found a week later burnt. Even though, I fired my lawyer befroe the plea was enter. The lawyer said my firing him didn't mean anything and I had to get permission from the judge. Being told that I went with the guilty plea, even though I am no way guilty and none of the evidence the prosecuter has show any guilt. Just those statement. I want to take this to trial. MY lawyer will not return my calls or let me see and of the so called eveidence or tapes the prosecutor has. also my codefendant is my wife.I really need assistance

Answer 1

You cannot change your plea at the time of sentencing -- it must be done prior to trial. However, if I read your question right, it sounds as if you have not had a trial. Is this correct?

It appears as if your only option is to ask the judge, at sentencing, for a trial and a new attorney. You are entitled to counsel even if you cannot afford it in criminal matters.

Answer 2

Its difficult to determine exactly what is going on here, because at best, your writing is... rambling.

It appears that you have already entered a plea of guilty, and now you claim that you did not want to enter that plea.

In every "taking a plea" that I have ever taken part in, and/or been present for, one of the questions that was asked of you by the judge was "Is it you wish to enter a plea of guilty at this time?" or something similar. YOu would also have been asked if you have conferred with your attorney, are satisfied with his services, etc. If the case is now set for sentencing, then it appears that you affirmed that you wanted to plead guilty, and that you were satisfied with the services of your attorney.

The reason the judge asks those questions, in open court and on the record (a stenographer or recorder) is to prevent just this type of thing from happening. A plea is final unless you can somehow show it was coerced, and from the fact pattern, it doesn't appear it was coerced.

You can file a motion for appeal after sentencing. You can also ask the court to remove your counsel and appoint another, although at this stage of the proceedings, I rather doubt that the court will do this without you showing some very good reasons.

You can, of course, hire a private attorney to represent you. They may not be able to obtain a trial for you, but they will review your case and present you with your options. If you want to pursue that, contact your state or local bar association for a referral.

Answer 3

When it comes time for sentencing, if there was misrepresentation, or a lack of understanding of what you were pleading to, your plea can be struck and a new trial date set in most cases.

However, you will have to convince the judge that this is the case, as when guilty pleas are registered, so is a conviction and the judge generally takes the time to ensure the party is certain that they understand the consequences before accepting the plea.

I would draft up a letter requesting a motion to have your plea struck and outline the reasons therein. Send this to the prosecutors office by registered mail and keep the delivery records.

Answer 4

i don't be responsive to the way it fairly works on your state, yet in Montana, the place i'm, I basically filed a non everlasting restraining order on my ex husband. right here, they make optimistic they have data on somebody before they even situation the order, and then they take it to a listening to wherein the two events get a huge gamble to talk in front of the choose. Now, i be responsive to that my ex , like your self, might say that i'm the nut job and basically attempting to get in spite of him with the aid of fact he's now remarried and that i'm out getting revenge. this is basically no longer the case. My ex became fairly violent in the direction of me and my toddlers for an fairly long term and he's likewise have been given a new child abuse case out besides on him. human beings can no longer in basic terms "get" a restraining order, it must be regarded into. in case you have an order out on you, it is probable with the aid of fact she had adequate concrete data that made the choose agree together with her. in case you violate it, definite, you're able to do penal complex time. i'm optimistic if my ex had something in any understand on me, which i be responsive to he does not with the aid of fact I wasn't the violent one, he might have already filed, besides the undeniable fact that he became the single doing all the harassing.

Answer 5

I recommend some streeeetching exercises.
You will understand when you meet Bubba.

Answer 6

Shouldn't you be asking your lawyer this question he is the best qualified to do so.